Excerpt: ...For Defendant Dwight Boytis Michael David Fox RULNG For all reasons discussed herein, the demurrer of Defendant Dwight Boytis is sustained in part with leave to amend. Plaintiffs shall file and serve their second amended complaint on or before May 15, 2023. Background Plaintiffs Wendy Ventura (Ventura) and Valerie Silguero (Silguero) (collectively: Plaintiffs) filed their original complaint in this matter on May 3 2022: alleging two causes of act...

Excerpt: ...int Business Services: JoAnna L. Brooks, Nicholas Gioiello, Littler Mendelson, P_C_ RULING For all reasons discussed herein, the demurrer of Defendant FPR II, LLC, dba Leadpoint Business Services is sustained. This matter shall be stayed pending resolution of Superior Court of Santa Clara County case number 22CV408517 entitled Jennifer Montoya v. FPR II, LL.C., et aL and filed on December 16, 2022. Background On January 25 2023 Plaintiff Juan Man...

Excerpt: ...h case number 21CV02119 entitled David Matthew Kibain vs. Shoreline Farms LLC, et aL Case number 21 CV02119 is designated as the lead case. The parties shall file all documents in the lead case. The parties are further ordered to appear at the hearing and be prepared to discuss future proceedings in accordance with this Background Plaintiff David Matthew Kilrain' s operative first amended complaint (FAC) alleges a single cause of action titled pr...

Excerpt: ... George Wallace RULNG (l) For all reasons discussed herein, Defendants' motion for summary judgment is denied. (2) For all reasons discussed herein, Plaintiffs motion to amend or reclassify the third amended complaint from professional negligence to gross negligence is denied. (3) For all reasons discussed herein, Plaintiffs motion to consolidate cases is granted. This matter shall be consolidated with case number 22CV01773 entitled David Matthew...

Excerpt: ...Compames: Great Lakes Reinsurance (UK): Lloyd' s UnderwriterSyndicate: Sompo Canopius dba Canopius Underwriting Agency Inc , Westport Insurance Corporation: and Zurich Insurance PLC Branch: Ron H. Bumov ski For Defendant Liberty Mutual Fire Insurance Company: Nicholas J _ Boos For Defendant Chubb Insurance Company of Canada: No appearance RULNG For the reasons set forth below, Defendant Lexington Insurance Company's demurer to Plaintiffs complain...

Excerpt: ...motion to enforce settlement and enter judgment and requests supplemental briefing, the Court will grant the motion, in part, and enter judgment against Defendant Andrea Leon in the amount of $2,560.25. Plaintiff shall submit a corrected proposed judgment and give notice of this ruling to Defendant at all known addresses. Background On February 14, 2022, Plaintiff Aspire General Insurance Company (Aspire) filed a complaint alleging two causes of ...

Excerpt: ...pion AQD, LLC: Joy Bertrand; Thomas S. Moring, Jaburg & Wilk, P.C. RULING (1) As set forth herein, the motion of plaintiff Pootie Pie Properties, LLC, to compel further responses to requests for admission, set one, from defendant Ricky Lyons is granted to compel further responses to requests for admission Nos. 1 through 8, 12, 15, 16, 18, 19, 21 through 35, 37 through 46, 48, and 52. The motion is denied as to further responses as to form interro...

Excerpt: ...ng, LLC, Yolanda Apodaca, Jay Konheim, and Wendy McCaw: Zachary T. Elsea, Amber Henry, Eisner, LLP RULING (1) For all reasons discussed herein, the motion of Plaintiff Oscar Chavez to compel Defendant Ampersand Publishing LLC, to serve further responses to Plaintiff's set one requests for production of documents is granted. Defendant shall serve verified further responses to Plaintiff's set one request for production of documents nos. 2, 3, 6, an...

Excerpt: ... Pet Hospital, Inc. Petvet Care Centers (California), Inc., and David P. Dawson: Nancy Yaffe, Daniel V. Kitzes, Fox Rothschild LLP RULING For the reasons set forth herein, Plaintiff's motion for final approval of class action and PAGA settlement and motion for attorney fees, costs, expenses, and representative enhancement payments are each granted in accordance with this ruling. Counsel shall appear at the hearing of this motion and shall be prep...

Excerpt: ... Trust dated June 2, 2004: Roben B _ Forouzandeh: Cory T _ Baker: Reicker, Pfau, Pyle & McRoy LLP RULING For all reasons discussed herein, Defendant David Back's motion to compel further responses to form interrogatories and for sanctions is granted. On or before April 15, 2023, Plaintiff Leticia Parra shall serve verified further responses to Defendant's form interrogatory Nos. 50.1 through 50.6 in accordance with this ruling and without objecti...

Excerpt: ...aintiff and Defendants. Background Plaintiff Califomia Coastal Ventures, LLC ("CCV"') filed its operative first amended complaint ("FACE) against Defendants Coastal Holding Company, LLC ("CHC"), Coastal Mergersub 2: LLC and Julian Michalowski on December 16: 2022. As alleged in the complaint: CCV is a Califomia LLC located in San Diego Califomia_ Defendant Coastal MergerSub 2 is a Califomia LLC into which CHC merged Mith and is now CHC' s success...

Excerpt: ...drick RULING For all reasons discussed herein, the Court grants the special motion to strike of Cross- Defendants David Ormsby and Cynthia A. Ormsby, Co-Trustees of the David and Cynthia Ormsby 2019 Trust, dated April 25, 2019, in part, and orders paragraph 12 of the Cross- complaint filed by Cross-complainant Glenn J. Ritsema, as Trustee of the Glenn J. Ritsema Trust dated April 12, 2018, stricken. In addition, and for all reasons herein, the Co...

Excerpt: ...dant Santa Barbara Unified School District: Harry Harrison, Nathan Berkeley: Tyson & Mendes Emails: No email for Taylor & Ring [email protected] [email protected] RULNG (l) As set forth herein, the motion of Defendant Justin Sell to compel further responses to form interrogatories from Plaintiff is granted in part and denied in part. Plaintiff shall serve verified further responses to form interrogatories Nos. 2.5, 2.6, 4.1, 6.4, 6.7...

Excerpt: ...tion for attorney fees is granted, in part, in accordance with this ruling. The Court awards Defendant attorney fees in the amount of $120,904.25. The clerk shall enter attorney fees on the judgment. Background This action was commenced by the filing of a complaint by Plaintiff Carp Property, LLC ("Carp"), on August 9: 2019. In its complaint: Plaintiff alleges that on March 15 , 2016, Rafi Tarakjian: the sole manager: member: and CEO of Carp: ent...

Excerpt: ...lden State Papayas, LLC and Damien Raquinio, to Plaintiffs' complaint is sustained, with leave to amend, as to Defendant Damien Raquinio. (2) To the extent that Defendants demur to the complaint as it applies to Golden State Papayas, LLC, the demurrer is overruled. (3) Defendants Golden State Papayas, LLC and Damien Raquinio's motion to strike is denied. (4) Plaintiffs shall file and serve their first amended complaint no later than April 5, 2023...

Excerpt: ...complaint is overruled. Defendant shall file and serve its answer to Plaintiff's complaint on or before March 27, 2023. Trial Date of 1/31/24, MSC Date of 1/12/24, the next CMC Date of 5/17/23 [to allow time for Jose Gomez and Adrian Doe to be served] and Final CMC Date of 12/6/23 are all confirmed. Background Plaintiff Rosario Duran filed her complaint in this matter on October 14, 2022, alleging three causes of action titled general negligence ...

Excerpt: ...ions of the Motion for Summary Judgment or Adjudication is granted. The unredacted confidential documents and information derived therefrom, as reflected in the redacted version of the County of Santa Barbara's filed motion for summary judgment, shall be sealed. Defendant County of Santa Barbara is directed to prepare an order pursuant to the Court's ruling that complies with California Rules of Court, rule 2.550(e). Background By way of her comp...

Excerpt: ...Law For Additional Defendants: See list RULING For all reasons stated herein, the motion of Lisa Jaquez Quiroga for an Order Declaring Lack of Jurisdiction Over Defendant Manuel Jaquez or the Estate of Manuel Jaquez is denied without prejudice. Background Plaintiffs Cabo Pulmo Partnership (the partnership), Richard Underhill, and Fernando Mejorado (collectively, Plaintiffs) filed their complaint on April 23, 2014, alleging four causes of action f...

Excerpt: ...kground Plaintiff Grant Beall filed the original complaint in this action on April 29, 2022. Prior to service of the complaint, he filed his First Amended Complaint (FAC) on May 19, 2022. The FAC alleged causes of action on behalf of Plaintiff and a class of similarly situated persons for (1) breach of contract, (2) breach of the warranty of habitability, (3) unfair business practices, (4) declaratory relief, and (5) unfair business practices—g...

Excerpt: ...it provides that the Motion for Summary Judgment filed on behalf of Defendant JERRY MITCHELL, M.D. is hereby granted in all respects. Background Plaintiff's complaint, filed December 21, 2021, alleges a single cause of action for medical negligence against various health care providers, including Defendant Jerry Mitchell, M.D. It alleges that Plaintiff underwent a right hip surgery on October 29, 2020, during which his right upper extremity was n...

Excerpt: ...rst amended complaint no later than March 15, 2023. Background On January 4, 2023, Plaintiff Joseph DiBartolomeo filed his judicial council form complaint in this action asserting a single cause of action against defendant Unilab Corporation dba Quest Diagnostics, Inc. (Unilab) for breach of contract. As alleged in Plaintiff's complaint, on an unspecified date, there was a written contract wherein “[Unilab] would rent real property, and upon en...

Excerpt: ...led as to the first, second, third, fourth, and sixth causes of action. The Demurrer to the fifth cause of action is sustained with leave to amend. Plaintiff Soul Bites Restaurants, Inc. shall file and serve its first amended complaint no later than March 15, 2023. Background On November 28, 2022, Plaintiff Soul Bites Restaurants, Inc. (“SBR”) filed its complaint in this action asserting six causes of action against Defendants Ajao Entertainm...

Excerpt: ...e reasons set forth herein, the demurrer is sustained with leave to amend. Plaintiff shall file and serve his first amended complaint on or before December 30, 2022. Background Plaintiff David Matthew Kilrain filed his complaint on May 9, 2022, naming himself and Carrera Kilrain as plaintiffs and Dr. Steven Goss, DVM as the sole defendant. Following attempts to meet and confer regarding deficiencies in the complaint, Dr. Goss filed the present de...

Excerpt: ...n J. Boustani, Barnes & Thornburgh LLP No appearance for any other party in the related case RULING (1) For the reasons specified herein, the court finds that the transfer to this court of Orr, et al., v. Rosenthal, et al., Ventura County Superior Court case No. 56‐2022‐00569270‐CU‐BT‐VTA (the Derivative Action), now pending in the Ventura County Superior Court, will promote the ends of justice. The motion of Daniel Rosenthal, Steven Sc...

Excerpt: ...ndance of a Person Most Qualified and Custodian of Records of Defendant General Motors LLC, And Request for Sanctions RULING 1. For the reasons set forth herein, the motion to compel the deposition attendance of a person most qualified and custodian of records of defendant General Motors LLC, and production of documents, is granted in part and denied in part. 2. The motion is granted to require defendant General Motors, LLC to produce for deposit...